Semper Liberi

Monday, February 27, 2006

More on the Cunningham case

An article from the San Francisco Chronicle gives a interesting overview of the case, including some speculation on the potential impact if SCOTUS strikes down the California sentencing system:

Uncertainty surrounds thousands of prison sentences in California after the U.S. Supreme Court announced it would decide whether the state's 29-year-old sentencing system violates a defendant's right to a jury trial.

The court's ruling in a case from Contra Costa County, due by June 2007, could require reconsideration of at least 3,000 sentences issued since 2004 and force the state to change its law, Gerald Uelmen, a Santa Clara University law professor, said Friday.


And that's only in California; depending on how many states have similar sentencing guidelines, Cunningham could create as much resentencing work for state courts as Booker created for federal courts.

(Via How Appealing)

No comments: